Chapter Focus Section 1 Constitutional Rights Section 2 Freedom of Religion Section 3 Freedom of Speech Section 4 Freedom of the Press Section 5 Freedom of Assembly Chapter Assessment The Fourteenth Amendment, which grants citizenship and fundamental rights to African Americans, was intended to protect the rights of freed African Americans in the South. The amendment was passed in June 1866, but was not ratified by the states until July 1868. The ratification process took so long because many southern states were against equal rights for African Americans. The federal government encouraged ratification of the Fourteenth Amendment by making it a requirement for southern states that wanted to be readmitted into the Union. I. Constitutional Rights (pages 355–357) A. The Constitution guarantees the basic rights of United States citizens in the Bill of Rights. B. Today, the Bill of Rights protects the rights of individuals not only from actions of the federal government but also from actions of state and local governments. C. The Bill of Rights was intended to protect against the actions of the federal government. I. Constitutional Rights (pages 355–357) D. A process called incorporation extended the Bill of Rights to all levels of government. E. The Fourteenth Amendment, added in 1868, paved the way for a major expansion of individual rights by the due process clause, which Supreme Court rulings have interpreted as applying to all levels of government. I. Constitutional Rights (pages 355–357) F. The Supreme Court’s interpretation of the Fourteenth Amendment nationalized the Bill of Rights, thus giving citizens in every part of the United States the same basic rights. G. The incorporation of the Bill of Rights has meant that, in practice, citizens who believe state and local governments have denied them their constitutional rights can take their cases to federal courts, including the Supreme Court. I. Constitutional Rights (pages 355–357) How was the Bill of Rights expanded so that citizens in all parts of the United States now enjoy the same basic rights? By a process called incorporation. Checking for Understanding 1. Main Idea Use a graphic organizer like the one below to show the effects of incorporation on the scope of the Bill of Rights. Effect: The Bill of Rights grew to protect citizens on the state as well as federal level. Checking for Understanding 2. Define human rights, incorporation. Human rights are fundamental freedoms. Incorporation is a process that extended the protections of the Bill of Rights against the actions of state and local governments; the process of setting up a legal community under state law. Checking for Understanding 3. Identify Bill of Rights, Fourteenth Amendment. The Bill of Rights are the first ten amendments of the Constitution that guarantee basic rights. The Fourteenth Amendment defined citizenship and laid the groundwork for making individual rights national. Checking for Understanding 4. Analyze the impact of the incorporation of the Bill of Rights. Incorporation extended the Bill of Rights to protect citizens from all levels of government in the United States. Checking for Understanding 5. Cite the branch of government that has been primarily responsible for the incorporation of the Bill of Rights. the judicial branch (the Supreme Court) Critical Thinking 6. Making Inferences When it came time to submit the new Constitution to the states for ratification, why do you think state leaders insisted on a national Bill of Rights? They feared the potential power and abuses of the national government. Civic Participation Some people have argued that all Americans should be required to perform some type of compulsory service. Write an editorial for a newspaper either supporting or opposing the idea of compulsory service. Freedom of Religion Key Terms establishment clause, free exercise clause, parochial school, secular, abridge, precedent Find Out • What is the difference between the establishment clause and the free exercise clause of the First Amendment? • Why did the Court allow state-supported bus transportation for parochial schools but ban their use for field trips? I. The Establishment Clause (pages 358–363) A. This clause forbids Congress from passing legislation to establish a single religion for the United States. B. The First Amendment’s guarantee of the free exercise of religion forbids Congress from passing laws limiting the practice of religion. C. In practice, religion is important to public life in the United States, and defining separation between church and state has been difficult. D. Establishment clause cases often involve religion and education. I. The Establishment Clause (pages 358–363) E. Since the Everson ruling in 1947, the Court has ruled some forms of state aid to parochial schools constitutional but has rejected others. F. The Court has ruled state aid to parochial schools constitutional: 1. if the aid has a clear nonreligious purpose; 2. if its main effect is to neither advance nor inhibit religion; 3. if it avoids excessive government entanglement with religion. I. The Establishment Clause (pages 358–363) G. The Court has allowed released time for religious instruction during the school day if the instruction is provided away from the public schools. H. The Court has struck down organized school prayers but has allowed student religious groups to hold meetings in public schools; debate on the Court’s rulings involving religion has been heated and sharply divided. I. The Establishment Clause (pages 358–363) I. The Court also has ruled that states cannot ban the teaching of evolution in public schools or require the teaching of creationism. J. Other interpretations of the establishment clause have involved Christmas nativity displays in public places and prayers at government meetings. I. The Establishment Clause (pages 358–363) Why has the Supreme Court upheld some kinds of state aid to parochial schools and struck down other kinds of aid? Because of its interpretation of the free exercise and establishment clauses. II. The Free Exercise Clause (pages 363–364) A. The Supreme Court makes an important distinction between religious belief and practice. B. Religious freedom cannot justify behavior or practices that violate laws protecting the health, safety, or morals of the community. C. Amish parents could not be forced to send their children to public school beyond eighth grade; children of Jehovah’s Witnesses could not be required to salute the flag in the classroom. Checking for Understanding 1. Main Idea Use a Venn diagram like the one below to show the difference between the establishment clause and the free exercise clause of the First Amendment and what they have in common. establishment clause: no single church or set of beliefs can predominate; both: wall of separation between church and state; free exercise clause: the right to hold any religious beliefs is absolute Checking for Understanding 3. Identify Equal Access Act. The Equal Access Act allows public high schools receiving federal funds to permit student religious groups to hold meetings in the school. Checking for Understanding 4. What three-part test does the Supreme Court use to determine if government aid to parochial education is constitutional? Aid must have a clearly secular purpose, must neither advance nor inhibit religion, and must not involve “excessive government entanglement with religion.” Freedom of Speech Key Terms pure speech, symbolic speech, seditious speech, defamatory speech, slander, libel Find Out • How has the Supreme Court applied the principles of “clear and present danger” and the bad tendency doctrine in determining free speech? • What speech is protected by the First Amendment, and what speech is not protected? Freedom of Speech Understanding Concepts Civil Liberties What is the intent of the preferred position doctrine? Section Objective Explain how the First Amendment protects diversity of opinion in the United States. I. Types of Speech (pages 366–367) A. Free speech includes verbal expression of thought and opinion and symbolic speech, using actions and symbols. B. Because symbolic speech involves action, it may be limited by government restrictions that do not apply to free speech. C. Government can regulate or forbid symbolic speech if it falls within the constitutional power of government, if it is narrowly drawn to further a government interest not related to suppressing speech, or if it leaves open enough other channels of communication. I. Types of Speech (pages 366–367) Compare pure speech and symbolic speech. In what ways are they similar? In what ways are they different? Pure speech is verbal expression; symbolic speech is actions and symbols; both are protected by the First Amendment. II. Regulating Speech (pages 367–369) A. The rights of free speech must be balanced against the need to protect society. B. Free speech may be limited when it clearly presents an immediate danger, as in the Schenck case (1919). C. Free speech can be restricted even if it only tends to lead to illegal action (the bad tendency doctrine), given society’s need to maintain public order. II. Regulating Speech (pages 367–369) D. The Court has ruled that the First Amendment freedoms have a preferred position because they are more fundamental than other freedoms; laws limiting them are presumed unconstitutional. E. The Court has held that people are free to speak out in support of political objectives; however, free speech does not protect those who advocate immediate and specific acts of violence. II. Regulating Speech (pages 367–369) What three constitutional tests has the Supreme Court used when deciding whether limits on free speech are permissible? “Clear and present danger” rule, bad tendency doctrine, preferred position doctrine. III. Other Speech Not Protected (pages 369–370) A. The First Amendment does not protect defamatory speech. B. Defamatory speech includes slander, or spoken words, and libel, or written words, in false and damaging statements about someone. C. Public officials and public figures in general are excluded from the right to sue for slander in order to preserve an individual’s right to criticize the government. III. Other Speech Not Protected (pages 369–370) D. Fighting words, or speech intended to provoke violence, are not protected. E. School authorities can regulate students’ free speech at school events and during activities. Checking for Understanding 1. Main Idea Use a Venn diagram like the one shown here to explain the difference between slander and libel. Slander: spoken; Libel: written Checking for Understanding Match the term with the correct definition. ___ E pure speech ___ A symbolic speech A. the use of actions and symbols, in addition to or instead of words, to express opinions B. false speech intended to damage a person’s reputation ___ C seditious speech C. speech urging resistance to lawful authority or advocating the overthrow of the government ___ F defamatory speech D. false written or published statements intended to damage a person’s reputation ___ B slander E. the verbal expression of thought and opinion before an audience that has chosen to listen ___ D libel F. false speech that damages a person’s good name, character, or reputation Checking for Understanding 3. Identify “clear and present danger.” The phrase “clear and present danger” refers to a test judges frequently rely on to resolve the conflict between free expression and the demands of public safety. Checking for Understanding 4. What three tests does the Supreme Court use to set limits on free speech? clear and present danger—speech presenting immediate danger is not protected; bad tendency—speech can be restricted even if it only tends to lead to illegal action; preferred position—speech should not be limited unless absolutely necessary Checking for Understanding 5. What types of speech does the First Amendment not protect? The First Amendment does not protect seditious speech, defamatory speech, “fighting words,” and certain types of student speech. Critical Thinking 6. Making Comparisons How does freedom of speech in the United States differ in wartime and in peacetime? Refer to Supreme Court decisions in your answer. Speech considered seditious during war [Schenck (1919) and O’Brien (1968)] was protected in peacetime [Yates (1957) and Brandenburg (1969)]. Freedom of the Press Key Terms prior restraint, sequester, gag order, shield laws Find Out • What is the Supreme Court’s opinion on prior restraint? • How has the Supreme Court ruled when the presence of the media could affect a court trial? I. Prior Restraint Forbidden (pages 371–372) A. Prior restraint, or censorship in advance, is permissible only in cases directly related to national security. B. In Near v. Minnesota (1931) the Court ruled that states could not stop the publication of a newspaper because that action involved prior restraint. C. In the Pentagon Papers case in 1971, the majority ruled that the government could not stop the publication of secret government documents because it would involve prior restraint. II. Fair Trials and Free Press (pages 372–374) A. The First Amendment rights of a free press sometimes conflict with the Sixth Amendment’s guarantee of a fair trial. B. After the Sheppard case (1966), the Supreme Court described measures that courts might take to restrain press coverage, including moving the trial site, limiting the number of reporters in the courtroom, controlling reporters’ conduct in court, keeping witnesses and jurors isolated from the press, and sequestering the jury. II. Fair Trials and Free Press (pages 372–374) C. Gag orders barring the press from publishing certain types of information are illegal and are allowed only in unusual circumstances. D. After the Court ruled that reporters, like all citizens, must testify in cases if called and cannot refuse to reveal their sources of information, some states passed shield laws to protect the media from being forced to disclose confidential information in state courts. III. Free Press Issues (pages 374–375) A. The Founders viewed the press strictly as printed material; electronic media had not yet been invented. B. Radio and television do not enjoy as much freedom as other press media because they use the public airways. C. The Federal Communications Commission (FCC) regulates radio and television. That agency cannot censor broadcasts but may set standards. III. Free Press Issues (pages 374–375) D. Movies and the Internet are protected by free press guarantees. E. Communities may regulate obscenity within limits acceptable to the courts. F. Advertising is commercial speech and thus receives less protection than purely political speech. Checking for Understanding Match the term with the correct definition. ___ D prior restraint ___ C sequester ___ A gag order ___ B shield laws A. given by a judge barring the press from publishing certain types of information about a pending court case B. give reporters some means of protection against being forced to disclose confidential information or sources in state courts C. to keep isolated D. government censorship of information before it is published or broadcast Checking for Understanding 3. Identify Federal Communications Commission. The Federal Communications Commission is a government agency that regulates the actions of radio and broadcast television. Checking for Understanding 4. When can the government exercise prior restraint on the press? They can exercise prior restraint only in those cases relating directly to national security. Checking for Understanding 5. What measures may a court take to restrain press coverage in the interest of a fair trial? Courts may move or delay the trial to reduce pretrial publicity, limit the number of reporters in the courtroom or place strict controls on their conduct, isolate witnesses and jurors from the press, and sequester the jury. Freedom of Assembly Key Terms picketing, Holocaust, heckler’s veto Find Out • What are the limits on public assembly? • What constitutional protections are applied to demonstrations by unpopular groups, or to those who might incite violence? Freedom of Assembly Understanding Concepts Civil Liberties Why is freedom of assembly subject to greater regulation than freedom of speech? Section Objective Explain the freedoms and restrictions placed by the First Amendment upon gatherings of people. Burning an American flag during a demonstration protesting some action or policy of the government may be unpopular, but it is not illegal. Why? The Supreme Court has ruled that flag burning is protected by the First Amendment because it is symbolic speech. I. Protecting Freedom of Assembly (pages 376–378) A. Freedom of assembly is a right closely related to freedom of speech. B. The Supreme Court, in DeJonge v. Oregon (1937), ruled that free assembly is as important as free press and free speech and that free assembly is protected from state and local governments. C. Freedom of assembly includes the right to parade and hold demonstrations in public places, but those who organize the events must get a permit. I. Protecting Freedom of Assembly (pages 376–378) D. Demonstrations at public facilities may be limited. E. Demonstrations are not allowed on private property, such as shopping malls and abortion clinics, because they interfere with property rights. I. Protecting Freedom of Assembly (pages 376–378) When might freedom of assembly conflict with the public’s right to order and safety, and which do you think is more important? Answers will vary. For examples of this conflict see text pages 376–377. II. Public Assembly and Disorder (pages 378–380) A. When people assemble to advocate unpopular causes, police may have difficulty protecting them from violence and disorder. B. The Nazi party march in Skokie, Illinois, in 1977 illustrated the heckler’s veto: the public vetoes the rights of free speech and assembly of an unpopular group. C. Police may disperse a demonstration in order to keep the peace, but in the Gregory case (1969), the Court upheld the right of assembly by persons peacefully demonstrating in support of an unpopular cause. II. Public Assembly and Disorder (pages 378–380) How effective do you think the heckler’s veto would be in your community? Answers will vary. Heckler’s veto is defined on text page 379. III. Protection for Labor Picketing (pages 380–382) A. Labor picketing is different from other demonstrations; it seeks to persuade customers not to deal with a business whose workers are on strike. B. Before 1940 the Supreme Court supported restraints on labor picketing, but in that year it ruled that picketing was a form of free speech; in the years since, forms of picketing have been limited in several key rulings. III. Protection for Labor Picketing (pages 380–382) Compare labor picketing with other kinds of demonstrations. In what ways are they the same and different? Picketing is a form of free speech, but it includes a picket line which may deprive a business of customers or workers. IV. Freedom of Association (page 382) A. The right of free assembly includes the right of free association, including joining a political party, interest group, or other organization. B. Membership in groups advocating the use of force to overthrow the government, the Court has ruled, is not illegal; when members of such groups actually prepare to use such force, however, the acts are punishable. IV. Freedom of Association (page 382) How did the Supreme Court apply the clear and present danger doctrine to membership in subversive groups? In the 1950s the Court upheld convictions against Communist Party members. Later it ruled that merely advocating a belief did not show a “clear and present danger.” Checking for Understanding 1. Main Idea Use a graphic organizer like the one below to identify two reasons the right to assemble is important to preserve in a democracy and two reasons it can be limited. to preserve: it allows political parties and interest groups to exist, as well as organized dissent against the government; to limit: local governments may require permits for organized parades and demonstrations, and restrictions may be set if the right of assembly clashes with the rights of other people. Checking for Understanding 2. Define picketing, Holocaust, heckler's veto. Picketing is patrolling an establishment to convince workers and the public not to enter it. The Holocaust was the mass extermination of Jews and other groups by the Nazis during World War II. The heckler’s veto refers to the public veto of free speech and assembly rights of unpopular groups by claiming demonstrations will result in violence. Checking for Understanding 3. Identify clear and present danger doctrine. The clear and present danger doctrine was a major issue when the government began to arrest and convict accused subversives, primarily Communist Party members during the 1950s. Checking for Understanding 4. What two principles were established by the DeJonge decision? The right of assembly is as important as free speech; the Fourteenth Amendment protects the right of assembly from infringement by state and local governments. Critical Thinking 5. Checking Consistency Should more restrictions apply if a parade supports an unpopular cause? Support your answer. Answers may vary but should balance the rights of assembly with the potential for violence. Civil Liberties Imagine that you are the mayor of a town where a citizen is planning a rally to protest the government’s environmental policies. Write a letter to the city council explaining the constitutional issues and the public welfare concerns that they should consider before allowing the rally. Reviewing Key Terms From the following list, choose the term that fits each situation described. A. shield laws B. pure speech C. prior restraint D. libel E. heckler’s veto F. seditious speech G. picketing H. symbolic speech ___ E 1. Spectators threaten violence against an unpopular demonstration and, in order to keep peace, authorities break up the demonstration. ___ C 2. A government official tells a reporter that she cannot publish a story that might compromise national security. ___ H 3. A group burns an American flag to show its objection to a government policy. ___ D 4. A newspaper publishes an untrue story that damages the reputation of a local resident. Reviewing Key Terms From the following list, choose the term that fits each situation described. A. shield laws B. pure speech C. prior restraint D. libel E. heckler’s veto F. seditious speech G. picketing H. symbolic speech ___ G 5. Animal rights activists parade outside a store that sells furs and attempt to convince customers not to enter the establishment. ___ F 6. An individual urges a group to fight the police rather than obey a police order to disperse. ___ B 7. A person stands in front of a group and states her opinion on an issue. ___ A 8. A reporter is protected against being forced to disclose a source of information in court. Recalling Facts 1. List four freedoms the First Amendment protects. It protects freedom of religion, freedom of speech, freedom of assembly, and freedom of the press. 2. List four examples of how religion remains part of government. Possible answers: Most government officials take their oaths of office in the name of God. The nation’s coins carry the motto “In God We Trust.” The Pledge of Allegiance contains the phrase “one nation under God.” Daily sessions of Congress open with a prayer. Recalling Facts 3. Identify kinds of speech the First Amendment protects and kinds it does not protect. It protects pure speech and symbolic speech. It does not protect seditious speech, defamatory speech, or “fighting words.” 4. How might freedom of the press interfere with an individual’s right to a fair trial? The press might print or broadcast information that might influence witnesses’ testimony, prejudice jurors or prospective jurors, or otherwise influence the trial’s outcome. Recalling Facts 5. Why may government require that groups first obtain permits to parade or demonstrate? Permits are required so that authorities can make arrangements for the public’s welfare, safety, and protection. Understanding Concepts 1. Civic Participation Analyze the Supreme Court’s decision in Gitlow v. New York. How did it support the intent of the Fourteenth Amendment to define citizenship and civic participation? Possible answers: The Court’s decision that freedom of speech is a basic, undeniable right promotes an atmosphere in which citizens can speak their minds about issues that matter to them, but cannot advocate the violent overthrow of the government. The ruling determined that no state government could deny basic rights and liberties to any person. Understanding Concepts 2. Civil Liberties Why did the court treat a Minneapolis newspaper differently than a Hazelwood school newspaper? Answers may vary, but students should note that school officials are responsible for activities that take place on school property and may regulate school curriculum and publications, whereas the Minneapolis newspaper was privately published and free from government censorship and prior restraint. Critical Thinking 1. Demonstrating Reasoned Judgment Should the First Amendment protect those who publish stolen government documents? Explain. Answers will vary, but should include references to Supreme Court decisions on this issue, such as the Pentagon Papers case. Students should attempt to balance the interests of the national security and government suppression of embarrassing information. Critical Thinking 2. Recognizing Ideologies The Court ruled out laws requiring the teaching of creationism, but not the teaching of creationism itself. Does teaching creationism in public schools serve to “endorse a particular religious doctrine”? Explain. Answers will vary, but should address questions such as the following: Can an individual teacher present creationism objectively? If creationism is taught, is it presented as a specific religious doctrine? What evidence is presented? Critical Thinking 3. Making Comparisons Use a graphic organizer like the one below to compare the three tests for limiting seditious speech. relaxes limits: preferred position; sets standard: clear and present danger; toughens limits: bad tendency. 3) Answers will vary. 2) the Civil War and the emancipation of enslaved African Americans 1) in 1833 1) less than one-fourth 2) 2.8% 3) Answers will vary. 1) Congress passed the Flag Protection Act of 1989. 2) It is considered to be a legal symbolic speech. 3) Answers will vary. 1) One possibility is that pretrial publicity may make it difficult to find jurors who have not already formed an opinion. 2) Answers will vary. 3) Answers will vary. Depicting Rights and Freedoms Many events discussed in this chapter are filled with drama. Select one such moment to depict artistically. Here are a few ideas: • James Madison introducing to Congress the set of amendments that became the Bill of Rights • students or parents demonstrating against a Court ruling (as in school prayer or Bible-study case) • a student newspaper staff learning that their publication is being censored • reporters competing for interviews with jury members from a high-profile trial Be prepared to explain your choice. Prepare a classroom display of the individual works.